Quilceda Excavation 8/1/2022 - Laserfiche WebLink

CITY OF EVERETT SPECIAL PROVISIONS was authorized in writing by the City. Contractor has the burden of clearly and convincingly demonstrating entitlement to any adjustment of Contract Time. ' If the City is solely responsible for any Delay to Substantial Completion, Physical Completion, Completion Date, or Final Acceptance, the Contractor shall only be entitled to compensation or other damages as described in 1-09.11A REMEDIES, provided that Contractor timely gave Notice pursuant to 1-04.5 NOTICE BY CONTRACTOR, timely submitted a Contract Claim pursuant to 1-09.11(2) CONTRACT CLAIMS and fulfilled the requirements of 1-08.3 PROGRESS SCHEDULE. 1-08.9 Liquidated Damages Revise the second and third paragraphs of 1-08.9 to read as follows: ' Accordingly, the Contractor agrees: 1. To pay (according to the following formula) liquidated damages for each ' working day beyond the number of working days established for Physical Completion, and 2. To authorize the Engineer to deduct these liquidated damages from any money due or coming due to the Contractor. Liquidated Damages Formula LD=0.15C/T Where: ' LD = liquidated damages per working day (rounded to the nearest dollar) C = original Contract amount T = original time for Physical Completion When the Contract Work has progressed to Substantial Completion as defined 9 p in the Contract, the Engineer may determine that the work is Substantially Complete. The ' Engineer will notify the Contractor in writing of the Substantial Completion Date. For overruns in Contract time occurring after the date so established, the formula for liquidated damages shown above will not apply. For overruns in Contract time occurring after the Substantial Completion Date, liquidated damages shall be assessed on the basis of direct engineering and related costs assignable to the project until the actual Physical Completion Date of all the Contract Work. The Contractor shall complete the remaining Work as promptly as possible. Upon request by the Project Engineer, the Contractor shall furnish a written schedule for completing the physical Work on the Contract. ' 1-08.10 Termination of Contract 1-08.10(1) Termination for Default Delete all of 1-08.10(1) and substitute the following: ' The City may terminate the Contract upon written notice to Contractor and its Surety whenever the Contractor is deemed to be in default or fails to fulfill, in a timely and proper manner, one or more Contract obligations, or is in violation of any provisions Water Main Replacement"W" Division 1 —GENER AL RAL REQUIREMENTS April, 2022 WO No.—UP3766 SP—103 1